Fourth Department - Sidebar: People v. Lobes

Daily Record Staff//February 16, 2022//

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New York State Supreme Court, Appellate Division, Fourth Judicial Department

Sidebar

Defendant’s presence – Presumption of regularity

People v. Lobes

KA 19-01993

Appealed from Steuben County Court

Background: The defendant appealed from his conviction of multiple counts of assault. His conviction stems from his conduct in assaulting his girlfriend on two different dates. He argues that he was denied his right to be present at all material stages of trial due to his absence from sidebar conferences with prospective jurors.

Ruling: The Appellate Division affirmed. The court held that there is a presumption of regularity that attaches to judicial proceedings. The presumption may be overcome only by substantial evidence to the contrary. Without more, failure to record a defendant’s presence is insufficient to meet the defendant’s burden of rebutting the presumption of regularity.

Mary P. Davison, of Davison Law Office, for the defendant-appellant; John C. Tunney, of the district attorney’s office, for the respondent.